Performance by Subcontractors. Customer understands and agrees that the actual performance of the Services may be made by Metavante, one or more Affiliates of Metavante, or subcontractors of any of the foregoing Entities (collectively, the “Eligible Providers”). For purposes of this Agreement, performance of the Services by any Eligible Provider shall be deemed performance by Metavante itself. Metavante shall remain fully responsible for the performance or non-performance of the Services by any Eligible Provider, to the same extent as if Metavante itself performed or failed to perform such services. Customer agrees to look solely to Metavante, and not to any Eligible Provider, for satisfaction of any claims Customer may have arising out of this Agreement or the performance or nonperformance of Services. However, in the event that Customer contracts directly with a Third Party for any products or services, Metavante shall have no liability to Customer for such Third Party’s products or services, even if such products or services are necessary for Customer to access or receive the Services hereunder.
Performance by Subcontractors. GSK may perform, by way of subcontract, some or all of its obligations or exercise some or all of its rights under this Agreement through any one or more Third Parties; provided, however, that GSK shall remain responsible for the performance of such obligations or exercise of such rights by such Third Parties and shall cause all such subcontractors to comply with the provisions of this Agreement in connection with such performance, including the provisions regarding confidentiality and non-use and ownership of Inventions; and provided further that (i) GSK may not enter into a subcontract with any Third Party to […***…]; (ii) GSK will not […***…] and (iii) each subcontract entered into by GSK with any Third Party shall be consistent with the terms and conditions of this Agreement.
Performance by Subcontractors. Either Party may perform its obligations hereunder through its Affiliates, consultants or subcontractors, but shall be responsible to the other Party for the performance of any such third party.
Performance by Subcontractors. The Parties recognize that the Licensee may perform some or all of its obligations under this Agreement through Third Party subcontractors, provided, however, that the Licensee shall remain responsible and liable for the performance by its Third Party subcontractors and shall cause its Third Party subcontractors to comply with the provisions of this Agreement in connection therewith.
Performance by Subcontractors. Either Party may perform any of its rights and obligations under this Agreement through subcontractors. Such Party shall ensure that all of its subcontractors comply with, and perform its obligations in accordance with, the terms of this Agreement; provided, however, that the use of such subcontractors by such Party shall not relieve such Party of its respective obligations under this Agreement.
Performance by Subcontractors. OAR will supervise the performance and activities of its Subcontractors under this Agreement, and ensure compliance with this Agreement and all Sprint policies under this Agreement. *** Confidential Information has been omitted and filed separately with the Securities and Exchange Commission. Sprint InPhonic OAR Agreement May 2007 v1.0 Proprietary and Confidential
Performance by Subcontractors. CTI may perform its obligations hereunder through its Affiliates, consultants or subcontractors, but shall be responsible to NeuroSpheres for the performance of any such party. NeuroSpheres may perform its obligations hereunder through it’) Affiliates, consultants or subcontractors, but shall be responsible to CTI for the performance of any such party. During the period in which NeuroSpheres may acquire or if NeuroSpheres does acquire co-exclusive rights under Section 2.02, NeuroSpheres may conduct research and development in the Field with one or more academic collaborators but not for the benefit of third parties (including for one disease indication in a specific territory) and CTI shall not interfere in such relationships or activities provided that until NeuroSpheres has acquired co-exclusive rights under Section 2.02 NeuroSpheres may not grant any such collaborator any right to Sell Products or perform commercial Services in the Field.
Performance by Subcontractors. Catalent shall have the right to subcontract a limited portion of its rights and obligations hereunder at any given time during the Term, but only after obtaining Sarepta’s prior written consent, not to be unreasonably withheld; provided, however, that with respect to each such subcontract, [**]. No sublicense rights or licenses may be extended to any such permitted subcontractors of Catalent. However, it is acknowledged and understood by the Parties that the license grants provided to Catalent under this Agreement cover the activities relating to the performance of this Agreement of permitted subcontractors of Catalent and other Persons duly engaged by Catalent as contemplated hereunder. Any references in this Agreement to a “permitted” or “approved” subcontractor of Catalent shall mean those subcontractors of Catalent who satisfy all of the requirements set forth in this Section 16.2. Catalent’s subcontractors approved by Sarepta at the outset of this Agreement are listed in Exhibit C.
Performance by Subcontractors. Subject to the terms and conditions of this Agreement, Xx Xxxx may engage subcontractors for purposes of conducting Development, Manufacture, Commercialization and other activities for Ji Xing under this Agreement, provided that any such subcontractor is bound by a written agreement that is consistent with the terms and conditions of this Agreement (including those relating to confidentiality, intellectual property rights and compliance). Xx Xxxx shall remain directly responsible for any obligations under this Agreement that have been delegated or subcontracted to any subcontractor, and shall be directly responsible for the performance of its subcontractors.
Performance by Subcontractors. Catalent shall have the right to subcontract a limited portion of its rights and obligations hereunder at any given time during the Term, but only after (i) qualifying the applicable subcontractor (in accordance with applicable Laws, Regulatory Acts and the Quality Agreement) and (ii) obtaining Passage Bio’s prior written consent, not to be unreasonably withheld; provided, however, that with respect to each such subcontract, (i) Catalent shall ensure that each of its subcontractors accepts and complies with all applicable terms and conditions of this Agreement (including the Quality Agreement), and Catalent shall remain responsible for, and shall guarantee, the performance of its subcontractors hereunder, and (ii) any such subcontract shall (A) be subject and subordinate to the terms and conditions of this Agreement, (B) contain terms and conditions which are consistent with the terms and conditions
